Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Casus omissus et oblivioni datus dispositions communis juris relinquitur
A case omitted and forgotten (not provided for in statute) is left to the disposal of the common law.
In expositione instrumentorum, mala grammatica, quod fieri potest, vitanda est.
In the construction of instruments, bad grammar is to be avoided as much as possible.
Interposition
n. 1. The act of submitting something (such as a pleading or motion) as a defense to an opponent's claim. 2. Archaic. The action of a state, while exercising its sovereignty, in rejecting a federal mandate that it believes is unconstitutional or overreaching. The Supreme Court has declared that interposition is an illegal defiance of constitutional authority. - interpose, vb.
Judex bonus nihil ex arbitrio suo faciat nec propositione domesticae voluntatis, sed juxta leges et jura pronunciet
A good judge should do nothing from his own preference or from the prompting of his private desire; but he should pronounce according to law and justice.
Juxtaposition
n. 1. The act or an instance of placing two or more things side by side or near one another. 2. Patents. See
Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala grammatica quoad fieri possit evitanda est
Bad grammar does not vitiate a deed; but in the construction of instruments, bad grammar, as far as possible, is to be avoided.
Non potent rex subditum renitentem onerare impositionibus
The king cannot load a subject with impositions against his consent.
Position
The extent of a person's investment in a particular security or market.
Possessio est quasi pedis position
Possession is, as it were, the position of the foot.
Predisposition
A person's inclination to engage in a particular activity; esp., an inclination that vitiates a criminal defendant's claim of entrapment.
ambulatory disposition
see disposition.
apex deposition
The deposition of a person whose position is at the highest level of a company's hierarchy. ( Courts often preclude an apex deposition unless (1) the person to be deposed has particular knowledge regarding the claim, and (2) the requesting party cannot obtain the requested - and discoverable -information through less intrusive means. deposition de bene esse (dee bee-nee es-ee also day ben-ay es-ay). A deposition taken from a witness who will likely be unable to attend a scheduled trial or hearing. * If the witness is not available to attend trial, the testimony is read at trial as if the witness were present in court. See testimony de bene esse unde
call equivalent position
Securities. A security position that increases in value as the value of the underlying equity increases. ( It includes a long convertible security, a long call option, and a short put option SEC Rule 16a-1(b) (17 CFR 240 16A-1(B).
composition
n. 1. An agreement between a debtor and two or more creditors for the adjustment or discharge of an obligation for some lesser amount; an agreement among the debtor and two or more creditors that the debtor will pay the creditors less than their full claims in full satisfaction of their claims. ( The preexisting-duty rule is not a defense to this type of agreement because consideration arises from the agreement by each creditor with each other to take less than full payment. Through this agreement, the debtor is discharged in full for the debts of the participating creditors. - Also termed creditors' composition; attermoiement. 2. The compensation paid as part of such an agreement. 3. Hist. A payment of money or chattels as satisfaction for an injury. ( In Anglo-Saxon and other early societies, a composi1tion with the injured party was recognized as a way to deter acts of revenge by the injured party. - compose, vb.
composition deed
A deed reflecting the terms of an agreement between a debtor and a creditor to discharge or adjust a debt.
composition deed.
See DEED.
composition of matter
Patents. A patentable compound of material composed of two or more different substances; a product containing two or more substances, including all composite articles, whether resulting from chemical union or from mechanical mixture, and whether the substances are gases, fluids, powders, or solids."[A] composition of matter describes what most people imagine to be the goal of the typical laboratory inventor, since it is usually a new chemical invention, although it can be any composition of materials, not limited solely to chemicals." Arthur R. Miller & Michael H. Davis, Intellectual Property in a Nutshell 21 (2d ed. 1990).
conversion by wrongful disposition
Conversion by depriving an owner of goods by giving some other person a lawful title to them.
creditors' composition
See COMPOSITION
deposition
1. A witness's outof-court testimony that is reduced to writing (usu. by a court reporter) for later use in court or for discovery purposes. 2. The session at which such testimony is recorded.
deposition on written questions
A deposition given in response to a prepared set of written questions, as opposed to a typical oral deposition. - Formerly also termed deposition on written interrogatories "The advantage of a deposition on written questions is that counsel for the parties need not go to some distant place to be present at the taking of the deposition. Instead they serve on each other questions and cross questions - and even redirect and recross questions -that they wish to have put to the deponent. These are then sent to the officer who is to take the deposition. The officer puts the questions to the witness, records the answers, and transcribes and files the deposition as with an oral deposition. The officer is merely to record what the witness says in response to the various questions propounded to him or her." Charles Alan Wright, The Law of Federal Courts ยง 85, at 618-19 (5th ed. 1994).
disposition
n. 1. The act of transferring something to another's care or possession, esp. by deed or will; the relinquishing of property <a testamentary disposition of all the assets>. 2. A final settlement or determination <the court's disposition of the case>.
disposition hearing
A hearing held to determine the most appropriate form of custody or treatment for a juvenile who has been found at an adjudicatory hearing to be a juvenile delinquent or a status offender. Cf. adjudicatory hearing; detention hearing.
disposition without a trial
The disposal of a criminal case without a trial on the merits, as when a defendant pleads guilty or admits sufficient facts to support a guilty finding without a trial.
doctrine of preclusion of inconsistent positions
See judicial estoppel under ESTOPPEL.
dramatic composition
Copyright. A literary work setting forth a story, incident, or scene intended to be performed by actors, often with a musical accompaniment. - Cf. DRAMA (1).
end position
One's legal and financial position on the signing of a contract, including the choices now available, such as renewal and renegotiation,
exposition de part
[French] French law. The abandonment, in either a public or a private place, of a child that is unable to take care of itself. expository jurisprudence See JURISPRUDENi
fail position
A situation existing when, after all transactions in a security have been netted out, a broker owes another broker more securities than it has coming in from other firms.
literary composition
An original expression of mental effort in written words arranged in an intelligent and purposeful order. See LITERARY WORK.
net position
1. The difference between long and short contracts held by a securities or commodities trader. 2. The amount gained or lost because of a change in the value of a stock or commodity.
oral deposition
See DEPOSITION.
pedis position
[Latin "the placement of the foot"] Hist. .1 putting or placing of the foot. ( This term denoted possession of land by actual entry:
position of the United States
The legal position of the federal government in a case involving the Equal Access to Justice Act. ( The position's reasonableness in light of precedent determines whether the government will be liable for the opposing party's attorney's fees.
short position.
The position of an investor who borrowed stock to make a short sale but has not yet purchased the stock to repay the lender. See short sale under SALE.
statement of financial position
See BALANCE SHEET.
statutory exposition
A statute's special interpretation of the ambiguous terms of a previous statute <the statute contained a statutory exposition of the former act>. statutory extortion See EXTORTION.
summary disposition
See SUMMARY JUDGMENT.
supposition'
n. An assumption that something is true, without proof of its veracity; the act of supposing. - suppose, vb. - supposable, adj.